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2 . The AGENCY agrees to maintain the landscape within the medians and areas outside the <br /> travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb <br /> and sidewalk edging, litter pickup and necessary replanting, following the <br /> DEPARTMENT ' S landscape safety and plant care guidelines . The AGENCY ' S <br /> responsibility for maintenance shall include all landscaped/turfed areas and areas covered <br /> with interlocking pavers or similar type surfacing (hardscape) within the median and areas <br /> within the travel way to the right of way line, including paver sidewalks, paver intersections <br /> and all paver header curbs, stamped asphalt and concrete areas . It shall be the responsibility <br /> of the AGENCY to restore an unacceptable ride condition of the roadway caused by the <br /> differential characteristics of the paver brick and/or the header curb on Department of <br /> Transportation right-of-way within the limits of the Project . <br /> Such maintenance to be provided by the AGENCY is specifically set out as follows : <br /> To maintain, which means the proper watering and fertilization of all plants and keeping <br /> them as free as practicable from disease and harmful insects ; to properly mulch the plant <br /> beds ; to keep the premises free of weeds ; to mow and/or cut the grass to a proper length; to <br /> properly prune all plants which includes : ( 1 ) removing dead or diseased parts of plants, or (2) <br /> pruning such parts thereof which present a visual hazard for those using the roadway. To <br /> maintain also means removing or replacing dead or diseased plants in their entirety, or <br /> removing or replacing those that fall below original Project standards . All plants removed <br /> for whatever reason shall be replaced by plants of the same size and grade as specified in the <br /> original plans and specifications . To maintain also means to keep the hardscape areas free <br /> from weeds and replacement of any areas becoming in disrepair so as to cause a safety <br /> hazard. To maintain also means to keep litter removed from the median and areas outside <br /> the travel way to the right of way line . Plants shall be those items which would be <br /> scientifically classified as plants and include but are not limited to trees , grass , or shrubs . <br /> If it becomes necessary to provide utilities to the median or side areas (water/electricity) for <br /> these improvements , all costs associated with irrigation maintenance, impact fees and <br /> connections as well as on-going cost of water are the maintaining AGENCY ' S <br /> responsibility. <br /> The above named functions to be performed by the AGENCY, may be subject to periodic <br /> inspections by the DEPARTMENT at the discretion of the DEPARTMENT . Such <br /> inspection findings will be shared with the AGENCY and shall be the basis of all decisions <br /> regarding, repayment, reworking or agreement termination. The AGENCY shall not change <br /> or deviate from said plans without written approval of the DEPARTMENT . <br /> 3 . If at any time after the AGENCY has assumed the landscape installation and/or maintenance <br /> responsibility above-mentioned, it shall come to the attention of the DEPARTMENT ' S <br /> District Secretary that the limits or a part thereof is not properly maintained pursuant to the <br /> terms of this Agreement, said District Secretary may at his option issue a written notice that a <br /> deficiency or deficiencies exist(s) , by sending a certified letter to the AGENCY, to place said <br /> 2 <br />